Debtor harassment by the creditor: More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the. Are you repeatedly contacted about debts you paid, canceled during the bankruptcy, or never should have paid? If so, the debt collector is breaking the law, as described in the Fair Debt Collection Practices Act (FDCPA). The most common FDCPA violation involves a debt collector trying to collect a debt that was canceled in a previous bankruptcy case. Get a 100% free debt relief consultation Have you been harassed or attacked by debt collectors? You have options and you may be able to recover compensation for the damages they caused.
Contact Luftman, Heck & Associates online or at (88) 726-3181 to get started. The only way to properly eliminate debt is to work with a dedicated legal professional. Contact LHA for a 100% free individual consultation with a Columbus debt attorney. We'll review your finances, what you owe, and present you with opportunities to catch your breath.
In this blog, we've looked at the 10 most common FDCPA violations that debt collectors often commit and how to avoid them. In 1977, the federal government enacted the Fair Debt Collection Practices Act (FDCPA) to protect consumers from the abusive, unfair and deceptive practices of debt collectors. The law establishes precise guidelines for debt collectors to contact individuals regarding overdue debts, with the objective of promoting respect and transparency in the debt collection process. Obscene language, threats to sue (unless they are actually taking legal action), threats from law enforcement, insults, aggressive language.
The FDCPA prohibits threats, harmful behavior, and other harassing behavior. If you believe that your rights under the FDCPA have been violated or you are facing aggressive and unfair debt collection practices, it is crucial that you seek the guidance of an experienced debt defense attorney. Not only is the debtor protected against obscene language or outright lies, but there are several other issues that violate what is known as the FDCPA or Fair Debt Collection Practices Act. Any false statement about the nature, amount, or legal status of the debt owed constitutes a violation of the FDCPA.
They are also responsible for investigating violations of the FDCPA and can help individuals resolve any issues with debt collectors who have violated this federal law. If you believe that a collection agency is violating your rights under the FDCPA, you have the right to see justice done. If you are being harassed by a debt collector who is using one of the following actions, you are committing FDCPA violations. If you believe that a debt collector has violated the FDCPA, contact the experienced attorneys at the law offices by O'Bryan.
It's important to note that to file a lawsuit against a debt collector, the FDCPA claim must be filed within one year from the date the violation occurred. Threatening to take action, such as wage garnishment, or threatening to file a lawsuit (or indicate that a lawsuit has already been filed against you), when no such action has been or can be taken in Missouri or Illinois, would constitute a violation of the FDCPA. One option that consumers can sue debt collectors who violate the FDCPA is to sue them in state court. Debt collectors' strategies often violate the FDCPA, even though they are governed by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).
The following are statements known to be made by debt collectors that violate the FDCPA. If the collector tries to collect more than what it actually owes and owes, it's a violation of the FDCPA. In addition to the CFPB, the Federal Trade Commission (FTC) is also responsible for regulating the actions of debt collectors and FDCPA violations. As mentioned before, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) monitor the actions of debt collectors and ensure that they don't violate the FDCPA.
If a debt collector threatens to sue you for a debt you have prescribed, you are likely committing an FDCPA violation.
